Patna High Court
Mukesh Kumar @ Mukesh MusaharversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail with bond and conditions, subject to verification of the petitioner’s antecedent.
Summary
Mukesh Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for the alleged recovery of 120 litres of liquor from his joint family house. He argued that he has a clean antecedent, was not arrested at the spot, and that the liquor was not in his conscious possession; moreover, the amendment to the Excise Act had done away with the concept of deemed possession. The prosecution opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and appear before the trial court within six weeks, subject to Section 438(2) conditions. The court also directed the trial court to verify the petitioner’s antecedent and confirm the bail if no prior case is found, otherwise the bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted for an offence under Section 30(a) of the Excise Act.
- Whether the absence of conscious possession and the joint family nature of the property negate the presumption of guilt.
- Effect of the amendment removing the concept of deemed possession on bail considerations.
- Appropriateness of the conditions imposed under Section 438(2) CrPC for provisional anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- deemed possession
- joint family property
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37882 of 2026
Arising Out of PS. Case No.-297 Year-2026 Thana- ARA NAGAR District- Bhojpur
======================================================
Mukesh Kumar @ Mukesh Musahar Son of Musari Musahar Resident of
Village - Dharahara Musahar Toli, Police Station- Ara Town, District Bhojpur
(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 120 litres of liquor from house of the petitioner.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the house in
question is a joint family property and thus, it cannot be alleged
with certainty that it was the petitioner, who had kept the liquor
Patna High Court CR. MISC. No.37882 of 2026(2) dt.17-06-2026
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in the house or the liquor kept in the house was within his
knowledge and after Amendment in the Excise Act, 2018, the
concept of deemed possession and presumed offender has been
done away with and he came to be implicated at the instance of
local person, but the name of the person, who disclosed the
name of the petitioner is not disclosed in the F.I.R., which casts
an aspersion on the case of the prosecution. It is also submitted
that it does not appear probable that a local person would have
known who had concealed the liquor in the house.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Ara Town P. S. Case No.297 of 2026, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
Patna High Court CR. MISC. No.37882 of 2026(2) dt.17-06-2026
3/3
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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